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Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ...... trial Court did not at all consider that at the time of occurrence, the accused repeatedly told to the persons present there that the money given by Abdus Salam Khokon was a part payment of the rents of their ancestral property and the said facts had been admitted by most of the important witn..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Khandker Abul Hashem Vs. The Commissioner of Taxes, 2014, 43 CLC (HCD)
....e Court of Bangladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......ued a notice upon the assessee under section 93 of the Ordinance on 26.08.2002 for reopening the return on the ground of concealment of income. The DCT reopened the case only for concealment of house rent income but considered the genuineness of gift and rejected the gift. The DCT without considerin..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 3
Khandker Abul Hashem Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....angladesh is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. S.H. Md. Nurul Huda Jaigirdar J. - I agree. Ed. This Case is also Reported in: ......ued a notice upon the assessee under section 93 of the Ordinance on 26.08.2002 for reopening the return on the ground of concealment of income. The DCT reopened the case only for concealment of house rent income but considered the genuineness of gift and rejected the gift. The DCT without considerin..Category: Fiscal/Taxation Law | Date: 9 Jun, 2014 | Hits: 5
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ......t while owning and possessing the suit land Shashi Kumar Singh settled the suit land along with other lands to the predecessor-in-interest of these contesting defendants on 1st Baishakh, 1355 BS at a rent of Taka 315 and delivered possession. That in pursuance of that settlement the landlord execute..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......n of the tenancy." 7. The High Court Division took the view that unless there is mutation or division of the holding creating new tenancy in the revenue office for the purpose of payment of rent separately the co-sharers do not lose their co-shareship and also right of pre-emption. ..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)
....nly understood. Judges are discharging their functions. Members of the judicial service, exercising judicial functions, are distinct from the members of other services. Their honesty and integrity is expected to be beyond doubt. It should be reflected in their overall reputations. There is no manner...... for this court to interefere with the impugned decision and order. Thus, the petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 381 ..Category: Administrative Law | Date: 19 May, 2014 | Hits: 3
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....sign reasons for disbelieving a witness if it does not agree with the reasons assigned by the trial court. Anything short of that may not be regarded as proper exercise of judicial power what is expected from it to exercise in accordance with established norms. We find nothing in the judgment t...... proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it." 8. Section 10 is intended to make as evidence communication between different conspirators while the conspiracy is going on with reference to the carrying out of t..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......n of the tenancy." 7. The High Court Division took the view that unless there is mutation or division of the holding creating new tenancy in the revenue office for the purpose of payment of rent separately the co-sharers do not lose their co-shareship and also right of pre-emption.&nb..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Bangladesh Rural Advancement Committee (BRAC) VS. The Commissioner of Taxes, 2014, 43 CLC (HCD)
.... Bangladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. Ed. This case is also Reported in: ......sessee-applicant Bangladesh Rural Advancement Committee (hereinafter stated as BRAC/the assessee) is a charitable society registered under the Societies Registration Act, 1980. The assessee runs different projects for advancement of education, health, etc. mainly for the poorest segment of rural peo..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......of CS recorded tenant Ashraf Ali, Anser Ali and Amjad Ali have been impleaded as defendant Nos.77 to 81, That the defendant No.1 Abdul Jabbar Bhuiyan had transferred a portion of his property to different persons. 4. The plaintiffs requested the defendants to make amicable partition of their la..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Bangladesh Rural Advancement Committee (BRAC) Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ngladesh is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. S. H. Md. Nurul Huda Jaigirdar J.- I agree. This Case is also Reported in: ......sessee-applicant-Bangladesh Rural Advancement Committee (hereinafter stated as BRAC/the assessee) is a charitable society registered under the Societies Registration Act, 1980. The assessee runs different projects for advancement of education, health, etc. mainly for the poorest segment of rural peo..Category: Fiscal/Taxation Law | Date: 12 May, 2014 | Hits: 5
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....o that instances of shocking abuse of the present kind can be held back at a minimal level. The executives need not attain mastery over the vast constitutional and administrative literature nor is it expected of them. It would suffice if they remember two things: first, Bangladesh is a Republic and ......amp; Divorces (Registration) Act, 1947, (hereinafter referred to as “the Act”). 6. Being aggrieved by the Memo issued by the Ministry the petitioner obtained the instant Rule on different grounds. He raised a number of contentions which practically boil down to three, namely, that t..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....ion, Misstatements and Misconduct, by analysing various decisions, states. "While it is uncontroversial that a procedural legitimate expectation should normally be protected by ordering the expected procedure to be followed, the position in respect to substantive legitimate expectation is ...... "Suchitra Sen Sangrahashala" immediately. 5. Not surprisingly, the PIL petitioners (the petitioners in Writ Petition No.6766 of 2011) found no reason to apply for leave to appeal, apparently because their aspiration has been squarely met at the order the High Court Division passed on..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
হোটেল পূর্বাণী ইন্টান্যাশনাল লিমিটেড বনাম কমিশনার অব ট্যাক্সেস, 2014, 43 CLC (HCD)
....ল না। বিচারপতি মোঃ ইমদাদুল হক আজাদ.- আমি একমত হইলাম। Ed. This Case is also Reported in: ......e circumstance of the case, the learned Taxes Appellate Tribunal was legally justified to reduce/confirm the order of the Commissioner of Taxes (Appeals) regarding disallowance’s under the different heads of profit and loss account, without stating any reason when the assessee-company maintain..Category: Fiscal/Taxation Law | Date: 22 Apr, 2014 | Hits: 4
Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ......decessor of defendants on 2nd Baishak, 1344 BS, Azahar Ali, Akbar Ali and Rabiul Sarder got pattan from Profullah Chandra Mitra. After the death of Profullah Chandra Mitra, Azahar Ali and others paid rent to Sarnamoyee Dashya, daughter of Profullah Chandra Mitra. SA record having been prepared in th..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
AZM Tajul Islam vs. Government of Bangladesh and others, 2014, 43 CLC (HCD)
....seniority and experience, on the basis of the ACR within 15 days of receipt of this judgment and order. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 266. ......respondent No.1, as an Assistant Engineer of Public Works Department (PWD) and, accordingly, the petitioner joined the said post on 9-3-1979, and in course of his service he has been promoted to different posts from time to time (Annexure-A).The respondent No.1 by the Notification being No. GriGoMo/..Category: Administrative Law | Date: 3 Apr, 2014 | Hits: 6
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ...... a shop under defendant No.2 and, as such, he was aware about the execution of the said bainapatra and the plaintiff filled up the tank by earth. The plaintiff asked defendant No.1 for paying monthly rent and even defendant No.2 issued a notice to defendant No.1asking him for paying monthly rent to ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......mber of concerned officials have been taken to task and some have been dismissed from service. He submitted, therefore, that scadalisation of the Supreme Court was neither intended nor is it apparent from the news report. 12. Mr. Azmalul Hossain, learned Senior Advocate appearing on behalf..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......tion for Leave Appeal No. 1075 of 2003.) Judgment Surendra Kumar Sinha J.- In this appeal leave was granted to consider the questions as to whether this Division has committed any error apparent on the face of the judgment in CP No. 1075 of 2003 in maintaining the judgment of the High..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14